Introduction

The purpose of this paper is to provide some insight into the law applying to workplace investigations in New Zealand, and also to offer some practical suggestions to those who are required to provide advice in this area.

The paper is written by practitioners with overlapping, but different, perspectives on this subject. Emma has wide experience in advising both clients who may be required to undertake a workplace investigation, and also employees who may be required to participate in one. Andrew is qualified as a workplace investigator and is instructed by employers who wish to outsource the task of a workplace investigation.

Against that background, it is probably prudent for this paper to commence with a couple of (limited) caveats:

What follows is not intended as an exhaustive summary of the law applying to workplace investigations. In fact, even if that could be achieved, there are a number of features of the workplace investigation that are sufficiently contemporary that they have yet to be considered by a tribunal in New Zealand;

Some of the practical tips offered below are borne out of personal experience – and reflect an element of personal preference. They should, therefore, not be interpreted as definitive guides, but rather as helpful prompts for thought and comment.

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